ARVIND TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and order dated 26th of March, 1998 passed by the 7th Additional District and Sessions Judge, Chapra in Sessions Trial No. 43 of 1990 convicting the appellant for the offence under section 304 -B of the Indian Penal Code (hereinafter referred to as the 'IPC ') and sentenced him to undergo rigorous imprisonment for 10 years. The appellant was charged for the offence under sections 302, 304 -B and 201 of the IPC and Section 4 of the Dowry Prohibition Act. However, he has not been found guilty for the other offences.

(2.) THE brief facts of the case is that appellant Arvind Tiwari was married with Gita Kumari (deceased) in Feburary, 1988. The informant Surendra Mishra (P.W. 4) who is uncle of the deceased in his fardbeyan (Ext. 7) alleged that he came to know about the death of Gita Kumari on 24.11.1988. However, after the recovery of the dead body the F.I.R. was lodged on 1.12.1988 and investigation taken up. The charge -sheet was submitted against the accused and after commitment the trial proceeded in the court below.

(3.) THE defence has examined six witnesses and have brought on record some letters alleged to have been written by the deceased and her relation. They have been marked Ext. A series. D.W. 1 (Nand Kishore Tiwari), D.W. 2 (Dhanesh Tiwari), D.W. 3 (Yogendra Tiwari) and D.W. 4 (Bhikhan Singh) have deposed on the point that neither there was any demand of dowry nor the victim lady died due to burn injury. D.W. 5 (Uma Shankar Ojha) and D.W. 6 (Birendra Tiwari) are related to the accused.